Hart v. Honrud

I agree with my associates on the principles of law announced in the foregoing opinion. I differ with them in applying those principles to the facts of this case.

To be more specific, it is my view that the court may not grant any other or different relief from that specified in the contract unless there be a showing of fraud or bad faith on the part of plaintiff to avoid furnishing title in performance of the contract as written. The court, in my opinion, may not award different relief from that agreed to by the parties simply because there may have been bad faith on the part of plaintiff…